Statute in Full:
Carlsbad New Mexico
Los Alamos New Mexico
Carlsbad New Mexico
Code of Ordinances City of Carlsbad New Mexico
Chapter 6 ANIMALS*
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*Editor's note: Ord. No. 99-10, §§ 1, 2, adopted Oct. 26, 1999, repealed the former Ch. 6, §§ 6-1--6-99, and enacted a new Ch. 6 as set out herein. The former Ch. 6 pertained to similar subject matter. See the Code Comparative Table.
State law references: Municipal authority to regulate animals, NMSA 1978, § 3-18-3.
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Article I. In General
Sec. 6-1. Definitions.
Sec. 6-2. Keeping in city generally; penalties.
Sec. 6-3. Sanitation regulations.
Sec. 6-4. Keeping pet birds.
Sec. 6-5. Sale of baby chicks, ducks, geese, turkeys, and rabbits.
Sec. 6-6. Burial or burning of dead animals.
Sec. 6-7. Injury to a police dog, police horse, or fire dog.
Sec. 6-8. Care and maintenance of animals.
Sec. 6-9. Animals committing damage or nuisance.
Sec. 6-10. Restraint devices.
Sec. 6-11. Animals on unenclosed premises.
Sec. 6-12. Keeping vicious animals.
Sec. 6-13. Keeping dangerous animals.
Sec. 6-14. Animals prohibited in Pecos River.
Sec. 6-15. Habitual animal howling, barking, and other noises.
Secs. 6-16--6-35. Reserved.
Article II. Animal Shelter
Division 1. Generally
Sec. 6-36. Establishment and maintenance.
Sec. 6-37. Impoundment authorized.
Sec. 6-38. Treatment of impounded animals.
Sec. 6-39. Disposition of impounded animals.
Sec. 6-40. Adoption of impounded animals.
Sec. 6-41. Redemption of adopted animal by prior owner.
Secs. 6-42--6-50. Reserved.
Division 2. Animal Control Officer
Sec. 6-51. Employment generally.
Sec. 6-52. Records; reports; disposition of money received; receipts for fees and charges.
Sec. 6-53. Disposal of dead animals from public places.
Sec. 6-54. Disposal of animals for individuals.
Sec. 6-55. Pursuit of animals.
Sec. 6-56. Dogs, destruction by peace officer or animal control officer.
Sec. 6-57. Unlawful to interfere with or obstruct.
Sec. 6-58. Unauthorized removal of animals.
Secs. 6-59--6-65. Reserved.
Article III. Dogs and Cats and Rabies Control
Division 1. Generally
Sec. 6-66. Dogs running at large generally; committing damage or nuisance.
Sec. 6-67. Restraint of dogs.
Sec. 6-68. Dog defecation, cleanup.
Sec. 6-69. Dog or cat in heat or season to be confined.
Sec. 6-70. Vaccination of dogs and cats required.
Sec. 6-71. Animal bites on persons; notice; and procedure.
Sec. 6-72. Animals exposed to rabies.
Sec. 6-73. Redemption of confined animals.
Sec. 6-74. Keeping an unvaccinated dog or cat or rabid animal; procedure following death of animal from rabies.
Sec. 6-75. Duty of owner to destroy prohibited animals; penalty.
Sec. 6-76. Rabies quarantine.
Sec. 6-77. Failure to license, vaccinate, report animal bites declared misdemeanor.
Secs. 6-78--6-90. Reserved.
Division 2. License
Sec. 6-91. Annual license required.
Sec. 6-92. Licensing of qualified service dog or cat.
Sec. 6-93. License year; fees.
Sec. 6-94. Issuance: receipt.
Sec. 6-95. Antirabies vaccination required.
Sec. 6-96. New license required for adopted dog or cat.
Sec. 6-97. Tag--Issuance; permanent attachment to collar.
Sec. 6-98. Duplicates.
Sec. 6-99. Unlawful use of rabies vaccination certificate, tag, or city license or tag.
ARTICLE I. IN GENERAL
Sec. 6-1. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal shall mean any vertebrate member of the animal kingdom excluding humans.
Animal shelter shall mean any animal control center, pound, animal shelter, kennel, veterinary hospital, lot, premise, or building maintained or contracted by a municipality or county for the care and custody of animals.
Bite shall mean a puncture or tear of the skin inflicted by the teeth of an animal.
Cat shall mean any member of the feline family.
Confined shall mean restriction of an animal at all times by an owner to an escape proof building or other enclosure away from other animals and the public.
Dangerous animal shall mean any member of the animal kingdom which, because of its poisonous bite or sting, would constitute a significant hazard to the public. The term shall not include native or indigenous animals naturally existing on a person's premises, or those animals kept at properly accredited, licensed, or permitted educational institutions, zoological parks, or museums.
Destroy shall mean the administration of an agent which will cause the death of an animal. Such method shall not destroy brain tissue necessary for laboratory examination for rabies.
Dog shall mean any member of the canine family.
Exposure to rabies shall mean the exposure resulting from a bite by an animal susceptible to rabies or from contact with the saliva of such animal with any break or abrasion of the skin.
Owner shall mean any person who owns, harbors, keeps, or knowingly permits an animal to be harbored or kept, or permits an animal to remain on his or her premises.
Person shall mean any individual, household, firm, partnership, company, corporation, society, or association, and every member, officer, agent, or employee thereof.
Qualified service animal shall mean any animal meeting the requirements for a qualified service animal as set forth in NMSA 1978, §§ 28-11-1, et seq. (1989), as it may be amended from time to time.
Quarantine shall mean the strict containment of all specified animals upon the private premises of the owner, or under restraint by leash, or within a closed cage or paddock and shall include any other measures as ordered by the environmental services officer to control the spread of rabies.
Running at large shall mean free of physical restraint beyond the premises of the owner.
Vicious animal shall mean any animal which, at any time without provocation, shall:
(1) Bite, attack, or injure any person who was peacefully conducting himself or herself where he or she lawfully may be; or
(2) Kill or severely injure (so as to result in muscle tears, disfiguring lacerations, multiple sutures, or corrective surgery) a domesticated animal, but it does not include an animal which bites, attacks, injures, or kills a domesticated animal which is unlawfully upon its owner's premises.
(Ord. No. 99-10, § 2, 10-26-99)
Editor's note: Ord. No. 99-09, § 1, adopted Oct. 26, 1999, repealed § 6-1, which pertained to inspection of premises where animals or fowl are kept. Subsequently, Ord. No. 99-10, §§ 1, 2, adopted Oct. 26, 1999, repealed and reenacted Ch. 6 in its entirety. See the Code Comparative Table.
Sec. 6-2. Keeping in city generally; penalties.
It shall be unlawful for any person to own or keep any animal, other than as permitted by all applicable ordinances, laws, rules, and regulations. Any person who lawfully owns, keeps, or maintains any animal within the city must comply in all respects with the vaccination and licensing requirements of the city. A violation of any provision of this chapter is a misdemeanor and is punishable as permitted by the specific section or, if no punishment is specified by the section violated, then the punishment shall be as permitted by § 1-6 of this Code, as it may be amended from time to time.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-3. Sanitation regulations.
(a) Any person who may lawfully own or keep any animal shall provide adequate and sanitary housing facilities for such animal, and no stagnant water shall be permitted to accumulate. All structures used for the housing of an animal and all yards, cages and runs provided for the animal shall be cleaned daily and shall be treated with a pesticide at intervals frequent enough to prevent the breeding of ticks, fleas, flies and other pests and insects. Once every 24 hours, all animal feces shall be disposed of in a sanitary manner or otherwise removed to a lawful place for deposit. Any feces placed in a dumpster shall be first wrapped in plastic.
(b) Any person who may lawfully own or keep any animal within the city shall keep the same in such a manner that it will not be annoying, unpleasant or obnoxious to any other person, and failure to so keep any such animal, is hereby declared to be a nuisance and unlawful.
(c) Whenever there is reasonable cause to believe that an unhealthful, unsanitary, or dangerous condition exists on any premises at which an animal is located, the animal control officer or the officer's designee shall have the right to enter such premises and thoroughly investigate and inspect the premises, unless permission to enter and make such investigation and inspection is explicitly refused by the owner or occupant of the premises. If the owner or occupant explicitly refuses permission, the animal control officer or designee may obtain a court order permitting the entry onto the premises.
(d) It shall be illegal to obstruct or interfere with the animal control officer or designee in the performance of the duties required by this chapter.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-4. Keeping pet birds.
(a) A person may keep pet birds as pets within the city, and a commercial establishment may keep pet birds for the purpose of the sale of such birds within the city, subject to all applicable ordinances, laws, rules, and regulations, including but not limited to zoning ordinances. Such pet birds shall be kept in pens or cages and not permitted to run at large. Such pet birds shall be kept in a manner and way so as to not constitute a nuisance or endanger the general health and sanitation of the community or the health and welfare of the animal. The environmental services officer or the officer's designee shall determine the general health and sanitation of the community. The animal control officer or the officer's designee shall determine the health and welfare of the animal or animals.
(b) The term "pet birds" shall include small caged birds such as, but not limited to, parrots, cockatoos, parakeets, cockatiels, canaries, lovebirds, mynah birds, and finches. The term shall not include barn and farm animals such as, but not limited to, chickens, ducks, geese, and turkeys; falconiforms such as, but not limited to, hawks, eagles, and vultures; nor ratitae such as, but not limited to, ostriches, rheas, cassowaries, and emus.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-5. Sale of baby chicks, ducks, geese, turkeys, and rabbits.
(a) It shall be lawful for a commercial establishment to sell baby chickens, ducks, geese and turkeys, subject to all applicable ordinances, laws, rules, and regulations, including but not limited to zoning ordinances. Such fowl shall be kept in pens or cages and not permitted to run at large. Such fowl shall be kept in a manner and way so as not to constitute a nuisance or endanger the general health and sanitation of the community or the health and welfare of the animals. The environmental services officer or the officer's designee shall determine the general health and sanitation of the community. The animal control officer or the officer's designee shall determine the health and welfare of the animal or animals.
(b) No chick, duckling, gosling or rabbit that has been dyed or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a prize, premium, or advertising device, or displayed in any store, shop, carnival or other public place.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-6. Burial or burning of dead animals.
(a) The owner of a dead animal shall be responsible for properly disposing of the animal carcass. No animal shall be disposed of by burning within the city limits.
(b) A dead animal weighing between one pound and up to and including 30 pounds may be buried on the owner's property so long as it is buried at least two feet below the surface of the ground. A dead animal weighing more than 30 pounds but less than 100 pounds may be buried on the owner's property so long as it is buried at least three feet below the surface of the ground.
(c) A dead animal weighing at or over 100 pounds may be disposed of by burial on the owner's property so long as it is buried at least six feet below the surface of the ground, or may be disposed of by any other means authorized by law.
(d) Any dead animal must be properly disposed of within 12 hours of its death. No animal shall be buried on public property or on the property of another without the explicit permission of the owner of the property.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-7. Injury to a police dog, police horse, or fire dog.
(a) As used in this section:
(1) Fire dog means a dog used by a fire department, special fire district or the state fire marshal for the primary purpose of aiding in the detection of flammable materials or the investigation of fires;
(2) Police dog means a dog used by a law enforcement or corrections agency that is specially trained for law enforcement or corrections work in the areas of tracking, suspect apprehension, crowd control or drug or explosives detection; and
(3) Police horse means a horse that is used by a law enforcement or corrections agency for law enforcement or corrections work.
(b) Injury to a police dog, police horse or fire dog consists of willfully and with intent to injure or prevent the lawful performance of its official duties:
(1) Striking, beating, kicking, cutting, stabbing, shooting or administering poison or any other harmful substance to a police dog, police horse or fire dog; or
(2) Throwing or placing an object or substance in a manner that is likely to produce injury to a police dog, police horse or fire dog.
(c) Whoever commits injury to a police dog, police horse or fire dog when the injury causes the animal minor physical injury or pain is guilty of a petty misdemeanor.
(d) A person convicted of injury to a police dog, police horse or fire dog may be ordered to make restitution for the animal's veterinary bills or replacement costs of the animal if it is permanently disabled, killed or destroyed.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-8. Care and maintenance of animals.
No person or owner shall:
(1) Fail, refuse, or neglect to provide an animal of which he or she is the owner or which is in his or her charge or custody with proper food, potable water, shade, ventilation, necessary medical care, basic grooming which is necessary for the health of the animal, or shelter, which shelter shall be a weatherproof and structurally sound enclosure large enough to properly accommodate the animal;
(2) Leave an animal in an enclosed or upon a vehicle or trailer for a length of time which could result in danger to or death of the animal. If the animal control officer determines that an animal in an enclosed vehicle or trailer is in immediate danger, the animal control officer may enter the vehicle or trailer by whatever means is necessary, without being liable to the owner of the vehicle or trailer, and take the animal into protective custody; or
(3) Carry an animal in or upon any vehicle in a cruel, inhumane, or unsafe manner. An animal carried in the open bed of a truck or other vehicle must be crated, caged, or restrained upon a non-metal mat so it cannot fall or jump from the truck or be strangled.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-9. Animals committing damage or nuisance.
It is unlawful for the owner of an animal to cause, allow, or permit the animal to commit any damage or nuisance upon the property of any other person or upon a public street, alley, sidewalk, park or other public place.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-10. Restraint devices.
A rope, chain, or other device may be used to restrain an animal, provided the following criteria are met:
(1) The device must be affixed to the animal by use of a non-abrasive, comfortably fitted collar or harness.
(2) The device must be at least 12 feet long unless such length would violate section 6-11, in which case it shall be both no less than eight feet long and still may not violate section 6-11. The device must be fastened so the animal can sit, walk, and lie down comfortably, and must be unobstructed by objects that may cause the device or animal to become entangled or strangled.
(3) The animal must have easy access to proper food, potable water, adequate shade, ventilation, and proper shelter.
(4) All animal feces shall be removed, and the area where the animal is confined shall be kept as required by section 6-3.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-11. Animals on unenclosed premises.
It is unlawful for any person to chain, stake out, graze, or herd any animal on any unenclosed premises so any part of the animal extends or can extend onto or over a sidewalk, alley, street, or other public property or beyond the owner's property line or in a commonly held area accessible to the public.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-12. Keeping vicious animals.
(a) It is unlawful for any person or owner to fail to confine a vicious animal except:
(1) An animal confined within an enclosed automobile, truck, or other vehicle not being used as a public conveyance.
(2) An animal in shipment on a public conveyance and properly confined in a shipping container conspicuously labeled "vicious animal" and constructed in such a manner as to prevent the animal from biting or attacking humans or other animals.
(b) An owner shall not permit or allow a vicious animal to be upon a sidewalk, alley, street, park, or any other public property or the property of another without the explicit consent of the owner of the property.
(c) Any vicious animal not confined and/or controlled as required herein shall be destroyed. If the vicious animal has bitten a person or animal, the animal shall be treated as required by all applicable laws, rules, and regulations.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-13. Keeping dangerous animals.
It is unlawful for the owner of a dangerous animal to maintain or dispose of it in a manner which constitutes a threat to any person or other animal.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-14. Animals prohibited in Pecos River.
(a) It shall be unlawful for any person or owner to allow or permit an animal to swim in the Pecos River at any point where either side of the river abuts a public park at any point south of the flume near Calloway Drive and north of the Bataan (Greene Street) Bridge.
(b) It shall be unlawful for any person to release any nonnative species of fish, reptile, amphibian, mollusk, crustacean, or waterfowl into the Pecos River, except as authorized by the appropriate government agency.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-15. Habitual animal howling, barking, and other noises.
(a) It is unlawful for anyone to own, keep, or harbor any animal which habitually howls, yelps, whines, barks, or makes other noises in a manner which tends to disturb the public peace unreasonably. Any such animal shall be deemed a nuisance.
(b) Any person who violates the provisions of this section shall be punished in accordance with the terms of section 1-6 of this Code, as it may be amended from time to time.
(c) In addition to the penalties stated in subsection 6-2, above, a city animal control officer or police officer may impound any animal which is in violation of this section when such officer has probable cause to believe that:
(1) The owner or custodian of such animal is unavailable, or unwilling, or unable to control the animal; and
(2) Such animal will continue to disturb the public peace unreasonably.
(d) If any person refuses to let such a city officer or employee enter the place where the animal is located, or refuses to let such officer or employee take possession of the animal, such city officer or employee shall obtain a court order permitting the entry onto the premises and the taking of such animal.
(Ord. No. 99-10, § 2, 10-26-99)
Secs. 6-16--6-35. Reserved.
ARTICLE II. ANIMAL SHELTER
DIVISION 1. GENERALLY
Sec. 6-36. Establishment and maintenance.
An animal shelter shall be established and maintained at such place or places as may be determined by the governing body of the city.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-37. Impoundment authorized.
An animal shelter is provided for the following animals:
(1) Except as permitted in § 6-71, all owned and unowned animals susceptible to rabies which have bitten a person or exposed a person to rabies shall be impounded in the animal shelter. Such animals shall be either destroyed or confined in isolation for a period of at least ten days. If the animal dies or is destroyed during the confinement period, the carcass shall be treated as required by all applicable laws, rules, and regulations.
(2) Animals found to be running at large, abandoned animals, animals released to the city by their owners, vicious animals, and animals attacking livestock may be impounded in the animal shelter.
(3) Any animal not maintained in accordance with the provisions of this chapter may be impounded in the animal shelter.
(4) If any animal found running at large has a current annual city license tag, the animal control officer shall make a diligent effort to identify and contact the owner of such animal.
(5) Animals which, in the opinion of the city, are or become sick or injured while at the animal shelter may be destroyed.
(6) Impoundment facilities may be provided for by agreement with a veterinary hospital, a kennel, an animal shelter, or in cooperation with other municipalities or counties.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-38. Treatment of impounded animals.
During the period any animal is impounded, it shall be supplied with proper food and potable water to be furnished by the city and shall be treated in a humane manner.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-39. Disposition of impounded animals.
(a) At any time prior to the disposition of an impounded animal, its owner may, if the animal is eligible for release, redeem it by paying:
(1) The established impoundment fees;
(2) Any costs and expenses incurred;
(3) A sterilization deposit, if applicable; and
(4) Upon purchasing a city license, if applicable.
(b) Any impounded animal not redeemed by its owner within four days after it becomes eligible for release may be:
(1) Placed for adoption;
(2) Disposed of as directed by any applicable law, rule, or regulation; or
(3) Destroyed in accordance with the provisions of this chapter.
(c) All such animals not placed for adoption shall forthwith be destroyed.
(d) An animal is not eligible for release if:
(1) The animal is or is suspected of being a vicious animal, a dangerous animal, or molesting, pursuing, or wounding livestock or poultry;
(2) The animal is or is suspected of being rabid, exposed to rabies, or having exposed a person or animal to rabies;
(3) The owner has been cited with a violation of this chapter;
(4) The animal is being held subject to a court order; or
(5) As otherwise required by any applicable ordinance, law, rule, regulation, or order.
(e) Livestock shall be disposed of in the manner provided for in any applicable laws of the state. If there are no applicable laws of the state, the livestock may be sold or otherwise disposed of according to the terms of this chapter.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-40. Adoption of impounded animals.
(a) Any interested person over the age of 18 years may adopt an animal placed for adoption within the time limits as set forth in this section.
(b) The city animal shelter will be open to the public for the adoption of animals during the hours and days set forth by the governing body of the city from time to time.
(c) The city may contract with qualified organizations or individuals for animal adoption or other animal shelter services at such terms and conditions as the governing body of the city may deem desirable. At any time such a contract exists, the names and addresses of such organizations or individuals will be available at the animal shelter and the city clerk's office.
(d) Any animal considered by the animal control officer to be suitable for adoption may be held in the shelter for a maximum of ten full days including the mandatory retention period of four days if not redeemed by the owner during the mandatory retention period. Any animal brought by the owner into the shelter for adoption may be placed for adoption at once and may be kept for a maximum of ten days. Animals which, in the opinion of the city, are sick, injured, or considered to be unadoptable may be destroyed.
(e) Any person adopting an animal shall be required to pay the established adoption fee for each animal so adopted, any applicable sterilization deposit, and any costs or expenses incurred. All dogs and cats adopted from the animal shelter shall be, at the adopter's expense, immunized against rabies and licensed as required.
(f) No impounded animal shall be adopted for the purpose of breeding or resale. No animal shall be sold or given to or used for medical laboratory use. Every dog or cat adopted from the animal shelter shall be spayed or neutered by a licensed veterinarian at the expense of the adopting party. The shelter may make arrangements to have all or part of the cost of altering the animal paid to the city by the adopting party to insure compliance with this section. Any individual who qualifies may apply for financial assistance to help pay the cost of altering through a reduced cost spay/neuter program, if such program is available.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-41. Redemption of adopted animal by prior owner.
If, within ten days after an animal's adoption from the animal shelter, a person claims to be the owner of such animal and provides, to the city's satisfaction, sufficient proof of such claim, the adopter of the animal shall return it to that prior owner. The animal shall not be returned unless and until the prior owner has reimbursed the adopter for all reasonable expenses incurred for the adoption, care, and treatment of the animal, and the owner has procured a current city license for the animal, if applicable.
(Ord. No. 99-10, § 2, 10-26-99)
Secs. 6-42--6-50. Reserved.
DIVISION 2. ANIMAL CONTROL OFFICER
Sec. 6-51. Employment generally.
(a) An animal control officer shall be employed by the city at such salary or other compensation as may be determined by the governing body of the city.
(b) The animal control officer shall be deputized to enforce animal control laws, orders, ordinances, and regulations and shall perform all the duties prescribed by this chapter. The animal control officer shall prevent and control the spread of rabies within the city, including but not limited to the capture and confinement or disposition of rabies suspect animals, the enforcement of quarantine orders, the destruction or confinement of animals exposed to rabies, and the enforcement of pet skunk regulations.
(c) The animal control officer shall be under the supervision and direction of the chief of police.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-52. Records; reports; disposition of money received; receipts for fees and charges.
(a) The animal control officer shall keep a record of all animals impounded, showing in detail:
(1) A description of the animal;
(2) The date of impounding;
(3) The manner of acquisition by the city;
(4) The date and manner of disposal;
(5) The name and address of the person redeeming or adopting the animal; and
(6) The fees, costs, and proceeds, if any, received therefor.
(b) Each month, the animal control officer shall file with the city clerk a report, containing in detail a statement of the number and kinds of all animals impounded, redeemed, adopted, and destroyed and the fees, costs, and proceeds collected therefor. Such report shall cover the previous calendar month. At the same time, the animal control officer shall pay the city treasurer all money received in connection with such activities.
(c) The animal control officer shall issue receipts consecutively numbered for all fees, costs, deposits, and charges collected by him or her and one copy shall be given to the person making payment and the duplicate copy to the city treasurer.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-53. Disposal of dead animals from public places.
The animal control officer shall remove and dispose of all dead animals found on any streets or other public places.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-54. Disposal of animals for individuals.
The animal control officer, on request of the owner and upon payment of the required fee, shall remove and dispose of any dead or live animal lawfully in the possession of such owner.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-55. Pursuit of animals.
In carrying out the provisions of this chapter, every deputized animal control officer is authorized to pursue a straying animal, or vicious dog, or dog molesting livestock or any animal with symptoms of rabies onto private premises unless permission to make such pursuit is explicitly refused by the occupant. If the occupant explicitly refuses permission, the animal control officer may obtain a court order permitting the entry onto the premises.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-56. Dogs, destruction by peace officer or animal control officer.
(a) Any peace officer or animal control officer may impound any dog found running at large unaccompanied by and not under the control of the owner or handler, and further, the peace officer or animal control officer shall destroy the dog if it is in the act of pursuing or wounding livestock or wounding and killing poultry or attacking humans.
(b) Any peace officer or animal control officer may kill any dog in the act of pursuing or wounding any livestock or wounding or killing poultry or attacking humans whether or not the dog wears a rabies tag required by law. There shall be no liability of the peace officer or animal control officer in damages or otherwise for such killing.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-57. Unlawful to interfere with or obstruct.
It shall be unlawful for any person to obstruct or interfere with an animal control officer in the performance of his or her duties under this chapter.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-58. Unauthorized removal of animals.
No person shall remove or release an impounded animal from an animal control officer, an animal control vehicle, or animal shelter without proper authorization.
(Ord. No. 99-10, § 2, 10-26-99)
Secs. 6-59--6-65. Reserved.
ARTICLE III. DOGS AND CATS AND RABIES CONTROL
DIVISION 1. GENERALLY
Sec. 6-66. Dogs running at large generally; committing damage or nuisance.
(a) It shall be unlawful for the owner of any dog to cause, allow, or permit the dog to run at large in or on any public property or any other property without the permission of the owner of the property. Any dog running at large in violation of this section may be taken up and impounded by an animal control officer. A citation may be issued to the owner whether or not the dog is impounded.
(b) Any person who shall violate the provisions of subsection (a) of this section shall be punished in accordance with section 1-6 of this Code, provided however, that:
(1) With respect to any violation occurring between the hours of 6:01 a.m. and 6:00 p.m., the fine imposed shall be $80.00 for the first offense which may be deferred or suspended by discretion of the judge: for the second and each subsequent offense which occurs within five years of the last previous offense, a mandatory minimum fine of $80.00 shall be increased by $25.00 for each such subsequent offense, no part of which total fine shall be deferred or suspended by the judge having jurisdiction thereof.
(2) With respect to any violation occurring between the hours of 6:01 p.m. and 6:00 a.m., a fine of $100.00 shall be imposed for the first offense which may be deferred or suspended by discretion of the judge: for the second and each subsequent offense which occurs within five years of the last previous offense, the mandatory minimum fine of $100.00 shall be increased by $25.00 for each such subsequent offense, no part of which total fine shall be deferred or suspended by the judge having jurisdiction thereof.
(3) No single fine provided by this subsection may exceed the jurisdictional limit of a fine which may be imposed by the municipal court.
(4) In addition to the above prescribed fines, the judge has discretion to imprison the violator in the county jail for a period of up to 90 days for each offense.
(c) Upon conviction for any violation of this section, when the animal has bitten any person, the judge having jurisdiction thereof may order the animal destroyed in addition to all other fines and penalties which may be imposed for such violation.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-67. Restraint of dogs.
(a) Dogs which are not qualified service animals shall not be allowed upon public parks, playgrounds, athletic fields, or upon the grounds of public swimming pools or golf courses.
(b) No dog shall be allowed upon streets, alleys, sidewalks, or other public property unless it is at all times on a secure leash not exceeding eight feet in length and under the immediate physical control of a person capable of controlling the dog.
(c) Dogs may be walked in the following public parks:
(1) The Carlsbad CID Bike Path adjacent to the Carlsbad Irrigation District's Southern Canal; and
(2) The public sidewalk adjacent to the west side of the Pecos River from Upper Tansill Dam south to Lower Tansill Dam, and the public sidewalk adjacent to the east side of the Pecos River from Lower Tansill Dam to the Pecos River Village Conference Center.
(d) Dogs which are not qualified service animals are not permitted in any other public park nor in any other portion of the Carlsbad Municipal Beach Park, Lake Carlsbad Recreation Area, or the Bataan Recreation Area.
(e) Dogs being walked in those areas identified in (c) above, shall:
(1) Have current rabies tags and current city licenses, if applicable, attached to their collars or harnesses;
(2) Be on a leash at all times with such leash no longer than eight (8) feet in length, and such leash shall be held by a person capable of controlling the dog;
(3) Not be left unattended or chained or tied to an object; unattended dogs may be taken up and impounded by an animal control officer; and
(4) Not interfere with or impede the use and enjoyment of those facilities and parks by others.
(f) In addition to all other fines or penalties, the judge having jurisdiction thereof may ban a person in violation of this subsection from bringing any dog into any public park or other public place.
(g) A leash shall not be required when the dog is participating in a bona fide animal show which has been authorized by the city administrator, or the city administrator's designee.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-68. Dog defecation, cleanup.
No person shall allow a dog to defecate upon public property or upon any private property other than the property of the owner of the dog without thoroughly removing and properly disposing of the feces. Any feces placed in a dumpster shall be first wrapped in plastic.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-69. Dog or cat in heat or season to be confined.
An owner shall confine his or her female dog or cat in heat or season so that other dogs or cats are not attracted to the animal in heat or season and so that the animal in heat or season can only come into contact with dogs or cats intended to be bred with it.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-70. Vaccination of dogs and cats required.
(a) The owner of any dog or cat over the age of three months shall have the dog or cat annually vaccinated against rabies as prescribed by the applicable regulations of the Department of Health of the State of New Mexico. All antirabies vaccines shall be administered by or under the supervision of a licensed veterinarian who shall also issue a serially numbered certificate and tag for each such administration.
(b) The veterinarian who administers antirabies vaccine to any dog or cat shall issue to the owner of the animal a serially numbered vaccination certificate containing:
(1) The name and address of the veterinarian;
(2) The type of vaccine used;
(3) The initials of the producer of the vaccine;
(4) The name and address of the owner of the animal;
(5) A description of the animal vaccinated;
(6) The date of vaccination; and
(7) The expiration date of the period of immunity.
(c) The veterinarian who administers the antirabies vaccine to any dog or cat shall also furnish the owner with a metal tag bearing the certificate number and the expiration date of the period of immunity. The tags shall be affixed by the owner to a collar or harness which shall be worn by the animal for which the certificate is issued at all times.
(d) Any dog or cat brought into the city shall be securely confined by the owner until vaccinated against rabies and until licensed by the city. The antirabies vaccination shall be administered and license secured within one week after the entry into the city. A current certificate of vaccination issued by a licensed veterinarian in another city, state or foreign country that conforms to all applicable requirements of the city and the State of New Mexico shall be accepted as proof of vaccination.
(e) The owner of a dog or cat shall exhibit the animal's certificate of antirabies vaccination upon demand by an animal control officer.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-71. Animal bites on persons; notice; and procedure.
(a) When any person is bitten or exposed to rabies by an animal, it is the duty of such person or his or her parent or guardian and any person having knowledge of the whereabouts of the animal to immediately notify the police department or an animal control officer.
(b) Every physician shall, within 24 hours after his or her first professional attendance upon a person exposed to rabies or bitten by any animal, report to an animal control officer or the police department the name, age, sex, telephone number, and address of the person bitten, as well as the type and location of the bite on the victim's body.
(c) Any animal that has bitten a person or is suspected of having exposed a person to rabies shall either be destroyed and the carcass handled as required by all applicable laws, rules, and regulations, or the animal shall be immediately confined and isolated for observation at a place and in a manner designated by an animal control officer for a period of at least ten (10) days. If the owner cannot or does not confine and isolate the animal as required, an animal control officer may seize and confine the animal. The animal's owner shall be responsible for and shall bear all costs and expenses of confinement.
(d) The animal may be confined and isolated upon the owner's premises only if the owner can prove to the city's satisfaction that the animal has a current antirabies vaccination, and the premises are inspected and approved for rabies confinement by an animal control officer. The owner of the animal shall agree to indemnify the city for any damages which may arise as a result of the animal's confinement or escape, and shall enter into an indemnity agreement on a form approved and required by the city before any confinement on the owner's property.
(e) A person who has custody of an animal that has bitten a person or exposed a person to rabies shall immediately notify an animal control officer if the animal shows any signs of sickness, abnormal behavior, or if the animal escapes confinement. If the animal dies while in confinement, the person having custody of the animal shall notify an animal control officer immediately and surrender the carcass of the animal to an animal control officer.
(f) If the animal shows any signs or symptoms of rabies during its confinement and observation period, it shall be destroyed and the carcass shall be handled as required by all applicable laws, rules, and regulations.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-72. Animals exposed to rabies.
When circumstances indicate an animal has been bitten by a known rabid animal or exposed to rabies, or when an animal is showing signs of having rabies, the following procedures shall apply:
(1) Any person who has knowledge of such an animal shall immediately notify the police department or an animal control officer of the animal's condition and location.
(2) The owner shall immediately confine the animal and shall surrender it to an animal control officer upon demand.
(3) The animal shall be dealt with in accordance with all applicable ordinances and state laws, rules, and regulations.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-73. Redemption of confined animals.
The owner of any animal confined in the animal shelter for observation of rabies pursuant to this chapter may redeem such animal after confinement, if it is found to be free of rabies, by paying the established confinement fee, any costs and expenses incurred during its confinement, and obtaining a current city license, if applicable.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-74. Keeping an unvaccinated dog or cat or rabid animal; procedure following death of animal from rabies.
(a) It is unlawful to own or keep any unvaccinated dog or cat or any animal which has shown any symptoms of rabies, except that, if such animal has bitten a human being, a dog or cat may be confined as permitted by all applicable ordinances, laws, rules, and regulations. If the animal dies during the confinement period, the head shall be immediately sent to a laboratory by an animal control officer.
(b) The head of any animal suspected of having died of rabies shall be immediately sent to a laboratory designated by the Department of Health of the State of New Mexico, Division of Epidemiology, Evaluation and Planning, under such procedures as are specified by the division or its successor in authority.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-75. Duty of owner to destroy prohibited animals; penalty.
It is the duty of any person who is the owner of any animal, the keeping of which is unlawful, to cause such animal to be humanely destroyed. Failure to comply with this section after knowledge by the owner of the fact which renders such keeping unlawful shall be punishable in conformity with the general penalty provisions of this Code.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-76. Rabies quarantine.
The environmental services officer may declare a quarantine against rabies within the city when, in his or her judgment, rabies exists to the extent that it is a danger to public health. Upon such declaration, all designated animals within the city shall be quarantined as directed by the environmental services officer. After reasonable effort to apprehend any dog or cat running at large and uncontrolled by its owner during a period of quarantine, any animal control officer or police officer may destroy the dog or cat and properly dispose of the body. The environmental services officer may order other measures as may be necessary to prevent the spread of rabies. A quarantine shall not be removed except on order of the environmental services officer.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-77. Failure to license, vaccinate, report animal bites declared misdemeanor.
It is a misdemeanor for any person who is the owner of an animal to fail to have the same vaccinated against rabies and licensed as required by this chapter. It is a misdemeanor for any physician to fail to report a person bitten by an animal.
(Ord. No. 99-10, § 2, 10-26-99)
Secs. 6-78--6-90. Reserved.
DIVISION 2. LICENSE
Sec. 6-91. Annual license required.
The owner of a dog or cat over the age of three months shall annually obtain a license for the animal. Persons who are not city residents and who keep a dog or cat in the city for fewer than 30 consecutive days shall be exempt from this licensing requirement.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-92. Licensing of qualified service dog or cat.
Every owner of a qualified service dog or cat shall have such animal licensed as provided in this article. The city shall charge no license fee for the licensing of qualified service animals. Qualified service animals shall include all categories of animals as defined in the laws of the state.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-93. License year; fees.
(a) The annual license year shall run concurrently with the required annual rabies vaccination administered by a licensed veterinarian. The license fee shall be set from time to time by the governing body of the city. A schedule of such fees is on file in the city clerk's office.
(b) Licenses shall remain in effect during the term of the animal's antirabies certificate and shall expire on the annual expiration date of the antirabies vaccination certificate. Failure to renew a license within 15 days after the expiration of the antirabies vaccination certificate shall result in assessment of a late fee in addition to the cost of the license.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-94. Issuance: receipt.
(a) The licenses required by this division may be issued by either the city clerk or at other locations designated by the governing body of the city. Such other locations may include city animal shelters and veterinary practice locations. Veterinarians may accept city license fee payments and may issue city licenses only if they have entered into a current agreement with the city to do so.
(b) The city license tags and certificates shall be serially numbered and the certificates shall contain the name and address of the animal's owner, a description of the animal, proof of rabies vaccination, and the expiration date of the license.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-95. Antirabies vaccination required.
No city license shall be issued unless and until the dog or cat has been vaccinated with antirabies vaccine.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-96. New license required for adopted dog or cat.
The person adopting any dog or cat from the city animal shelter, shall obtain a city license for each animal adopted.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-97. Tag--Issuance; permanent attachment to collar.
A city license tag shall bear a number and the year for which issued. The license tag shall be permanently and securely affixed to a collar or harness to be worn by the dog or cat so licensed at all times. The license need not be worn when the dog or cat is confined in a commercial kennel or veterinary hospital, is appearing in a bona fide animal show, or is being trained so long as the person who is training the animal has the tag readily available in his or her personal possession and immediately displays such upon the request of an animal control officer.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-98. Duplicates.
If a city license tag is lost or stolen, the owner of the dog or cat may procure a duplicate license tag from the city clerk on payment of the fee set therefor.
(Ord. No. 99-10, § 2, 10-26-99)
Sec. 6-99. Unlawful use of rabies vaccination certificate, tag, or city license or tag.
No person shall affix an antirabies tag or a city license tag to the collar or harness of any animal other than the animal for which the tag was properly issued. No person shall keep, manufacture, or use a stolen, counterfeit, or forged animal antirabies vaccination certificate or tag or city license or tag.
(Ord. No. 99-10, § 2, 10-26-99)
Los Alamos New Mexico
Los Alamos County Code of Ordinances
Chapter 6 ANIMALS*
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*Cross references: Environment, ch. 18; removal of dead animals, § 32-13; application of chapter to persons propelling pushcarts, riding animals or driving animal-drawn vehicles, § 38-5.
State law references: Dogs and domesticated animals, NMSA 1978, § 77-1-1 et seq.
__________
Article I. In General
Sec. 6-1. Definitions.
Sec. 6-2. Proximity to human habitation and maximum numbers.
Sec. 6-3. Animals at large.
Sec. 6-4. Animals at large; penalty.
Sec. 6-5. Nuisances.
Sec. 6-6. Bites; impounding.
Sec. 6-7. Abandonment.
Sec. 6-8. Impounding of animals at large and strays.
Sec. 6-9. Redemption of impounded animals.
Sec. 6-10. Adoption of unclaimed animals.
Sec. 6-11. Unwanted animals.
Sec. 6-12. Euthanasia at keeper's request.
Sec. 6-13. Interference with officers or county animal shelter.
Sec. 6-14. Cruelty to animals.
Sec. 6-15. Vicious animal.
Sec. 6-16. Wild and exotic animals.
Secs. 6-17--6-50. Reserved.
Article II. Dogs and Cats
Division 1. Generally
Sec. 6-51. Vaccination of dogs and cats required.
Sec. 6-52. License procedure; certificate.
Sec. 6-53. Dogs and cats brought to the county.
Sec. 6-54. False and stolen documents.
Secs. 6-55--6-80. Reserved.
Division 2. License
Sec. 6-81. Required.
Sec. 6-82. Duplicate copy of application constitutes; tags; issuance.
Sec. 6-83. Information.
Sec. 6-84. Procedure; affixing tags.
Sec. 6-85. Duplicate issued.
Sec. 6-86. Duration.
Sec. 6-87. Fees.
Secs. 6-88--6-120. Reserved.
Article III. License and Permit Fees
Sec. 6-121. License fee.
Sec. 6-122. Duplicate license fee.
Sec. 6-123. Redemption of impounded animals.
Sec. 6-124. Redemption of impounded exotic animals.
Sec. 6-125. Adoption of impounded animals.
Sec. 6-126. Permit fee for wild and exotic animals.
ARTICLE I. IN GENERAL
Sec. 6-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means any vertebrate excluding man.
Bite means a puncture, tear or indentation of the skin inflicted by the teeth of an animal.
Designated dog-training zone means any area appropriately posted after designation by regulation of the parks maintenance division or the school district to be a dog-training zone.
Exotic animal means an animal which is rare or different from ordinary domesticated animals and is not indigenous to the state.
Inhabited area means any area within 25 meters of any residence, school, church, public or commercial building, or public park.
Keeper means any person who keeps or has control or custody of an animal for more than six days, provided that this term shall not apply to veterinarians or kennel owners temporarily maintaining on their premises animals owned by others.
Quarantine means to detain or isolate an animal suspected of being infected with rabies.
Stray means any animal without an identifiable keeper.
Unattended dog means not in the physical presence and within sight of a keeper who shall be a person of such age and maturity to be reasonably responsible therefor. An owner or keeper inside an enclosed structure shall not be considered to be in the physical presence of a dog not in the enclosed structure.
Verbal control means the ability to control and actual accomplishment of control of an animal attended by a responsible person who shall be a person of such age and maturity as to be reasonably responsible therefor.
Vicious animal means any animal that, without provocation, bites in an aggressive manner or in any similarly dangerous manner attacks or attempts to attack any person or domestic animal; provided, however, that the term shall not apply to an animal that bites, attacks, or attempts to attack any person unlawfully upon its owner's or keeper's premises, or to an animal provoked to attack.
Wild animal means any animal which is wild by nature and cannot normally be domesticated or controlled.
(Ord. No. 85-13, 1985; Ord. No. 85-99, § 1, 6-19-1989; Code 1985, §§ 7.04.020--7.04.110; Ord. No. 02-032, § 1, 6-24-2003)
Cross references: Definitions, § 1-2.
Sec. 6-2. Proximity to human habitation and maximum numbers.
(a) Residential agricultural district (R-A). In the R-A residential agricultural district, any animal, except swine and unaltered male goats, may be kept in accordance with the following:
(1) The number of livestock, including horses, cattle, sheep, burros or goats, allowed on one lot shall be limited to 1 1/2 per acre, plus one. Offspring of the number of livestock shall be excluded from this allowance until of breeding age.
(2) Rabbits, fowl or poultry, including chickens, turkeys, geese or game birds, shall be limited to 25 rabbits or mixed fowl per acre. Offspring of the number of such rabbits, fowl, or immature rabbits or fowl, shall be limited to 50 per acre.
(3) Dogs, cats and their offspring shall not be limited, but shall be subject to the provisions of subsection (a)(4) of this section.
(4) All animals shall be kept in such a manner as to not constitute a nuisance to the surrounding area as follows:
a. No offensive noise, odor or dust shall be produced;
b. Areas devoted to livestock and fowl, including accessory buildings and structures, shall be constructed and maintained to discourage the concentration and breeding of insects or rodents.
(5) Livestock, rabbits, fowl or poultry may be kept not closer than 45 feet to any residence regularly used for human habitation. Also, livestock may not be kept or confined within 60 feet of the line separating the residential agricultural district from an adjacent residential district.
(b) All residential districts excluding residential agricultural district. In all residential districts, excluding the residential agricultural district, animals may be kept in accordance with the following:
(1) No cows, horses, swine, sheep, goats or other livestock shall be kept within 200 yards of a residence regularly used for human habitation.
(2) No more than a combined total of four animals shall be kept within 200 yards of a residence regularly used for human habitation, including dogs, cats, rabbits, fowl or poultry, including chickens, turkeys, geese or other game birds. However, offspring of such animals may be kept for a period of 90 days after birth without restriction as to number.
(Code 1985, § 7.08.010)
Sec. 6-3. Animals at large.
(a) No person shall allow any animal to roam or stray or to be off the keeper's premises unless it is at all times under verbal control or physical restraint of a responsible person.
(b) All unattended dogs shall at all times be confined or physically restrained. Such confinement or restraint shall not allow the dog access beyond the boundaries of the premises available for the exclusive private use of the dog's owner or keeper.
(c) Except within the premises available for the exclusive private use of its owner or keeper and except in R-A-zoned areas and designated dog-training zones, a dog located in an inhabited area shall at all times be confined or physically restrained on a secure leash not exceeding eight feet in length. A dog located in an R-A-zoned area or a designated dog-training zone shall at all times be under verbal control of its keeper if not confined or restrained.
(d) The parks maintenance division shall formulate and issue regulations for designation of dog-training zones and shall post signs appropriate therefor.
(Ord. No. 85-13, 1985; Code 1985, § 7.08.020)
Sec. 6-4. Animals at large; penalty.
Any person violating the provisions of section 6-3 shall, upon conviction, be fined a minimum of $25.00. A greater fine or other penalty may be imposed in accordance with section 1-8.
(Ord. No. 85-12, § 1; 1985; Code 1985, § 7.08.025)
Sec. 6-5. Nuisances.
(a) No person shall own or keep any animal, licensed or not, which by barking or making of other noises, or by attacking or biting, or by threat of attacking or biting, causes annoyance to the neighborhood or to passersby. Every animal in heat shall be confined to a building or other secure enclosure so that contact with a male of the same species will be prevented except for intentional breeding purposes. Keepers who do not comply with this section may be required to place such animal in a boarding kennel or veterinary hospital at the keeper's expense.
(b) If, at the time of violation, any animal in violation of this section is on its keeper's premises, and the keeper cannot be located, or refuses or is unable to effect abatement of the offending action on the part of the animal, the municipal judge may direct any peace officer or the animal control officer to impound the animal, provided that notice of such impoundment is left in a conspicuous place on the keeper's residence.
(c) Any animal impounded under this section may be redeemed by its keeper under provisions of section 6-9. If the keeper has not claimed the animal within a period of ten days, the chief of police or a person designated by him shall notify the keeper by mail that the animal will be declared abandoned. Such declaration of abandonment may be made ten days after sending such notice, and the animal may be disposed of under the provisions of section 6-11.
(Ord. No. 85-99, § 2, 6-19-1989; Code 1985, § 7.08.030)
Cross references: Nuisances, § 18-31 et seq.
Sec. 6-6. Bites; impounding.
(a) Every case of an animal biting a person shall be reported to the animal control officer who may order the offending animal to be confined at any time during the ten days next following the bite. Confinement shall be at the animal shelter, a veterinary hospital or an approved kennel; provided, however, that if the animal has a current rabies vaccination and the area involved is not under quarantine for rabies, the animal may be confined at the keeper's home. Home confinement shall not be permitted unless the premises have been inspected and approved for such purpose by the animal control officer.
(b) Any expenses incurred by the confinement of such animal shall be assumed by the keeper. If the animal is confined and, after ten days next following the bite, no rabies is found to be present or suspected, the animal may be released to the keeper upon payment of any pickup fees and boarding fees which may be due.
(c) If at any time during the ten-day period the animal dies, its head shall be submitted to the state scientific laboratory for confirmation of rabies.
(Code 1985, § 7.08.040)
Sec. 6-7. Abandonment.
No person shall abandon any animal within the county.
(Code 1985, § 7.08.050)
Sec. 6-8. Impounding of animals at large and strays.
(a) It is the duty of any peace officer and the animal control officer to impound or arrange for the impoundment of any animal found running at large, in violation of this chapter, and any pet or domestic animal which appears to be abandoned by its keeper or which appears to have become lost. Any citizen shall have the same authority as is granted in this section to a peace officer and shall immediately inform a peace officer of such impoundment.
(b) Animal control officers, in performance of their duties, may enter upon accessible private property, for the purpose of apprehending animals running at large and stray animals; provided, however, that except in cases of emergency, private property shall not be deemed to be accessible for this purpose if the property is the interior of a dwelling unit or if reasonable expectations of privacy are otherwise indicated.
(c) The animal control officer and peace officers, upon impounding or receiving any animal, shall register such animal by entering the breed, color and sex of the animal, the license number, if known, and the time and place such animal was apprehended into the registry kept for this purpose.
(d) If the keeper of an impounded animal is known, a reasonable effort must be made to notify the keeper immediately. If the keeper of the animal is not known or cannot be contacted, notice of the impoundment shall be posted in a conspicuous place at the animal shelter.
(e) The animal control officer, upon impounding a wounded animal, may procure necessary veterinary care for the animal. Costs of such care shall become the obligation of the keeper.
(Ord. No. 85-13, 1985; Code 1985, § 7.08.060)
Sec. 6-9. Redemption of impounded animals.
Unless the animal has been impounded for observation under this chapter, any impounded animal may be redeemed by its keeper immediately upon payment to the county of a pickup fee and a boarding fee as prescribed in section 6-123.
(Code 1985, § 7.08.070)
Sec. 6-10. Adoption of unclaimed animals.
All impounded animals shall be redeemed within ten working days after impoundment. Any animal, except one impounded under section 6-5, not redeemed within the required period, shall become the property of the animal shelter and may be placed for adoption upon payment of adoption fees as prescribed in article III of this chapter or the animal may be humanely destroyed and properly disposed of. However, no such animal shall be placed for adoption during any quarantine period which may have been imposed by this chapter.
(Code 1985, § 7.08.080)
Sec. 6-11. Unwanted animals.
Upon payment of a fee as prescribed in article III of this chapter, the animal shelter will accept any dog or cat, which the keeper no longer wants or cannot keep, and will place such animal for adoption for a period of five days after which time it may be humanely destroyed.
(Code 1985, § 7.08.090)
Sec. 6-12. Euthanasia at keeper's request.
Upon written request of the keeper, dogs and cats less than three months of age belonging to residents of the county will be destroyed free of charge to the keeper at the county animal shelter.
(Code 1985, § 7.08.100)
Sec. 6-13. Interference with officers or county animal shelter.
It is unlawful for an unauthorized person to take or let out any animals from the county animal shelter, or to take or attempt to take from any peace officer or animal control officer any animal seized by the officer in compliance with this chapter, or in any manner interfere with or hinder such animal control officer or peace officer in the discharge of duties under this chapter.
(Code 1985, § 7.08.110)
Sec. 6-14. Cruelty to animals.
(a) It is unlawful for the keeper of any dog, cat or other pet or animal to willfully or through negligence injure or mistreat such pet or animal, by excessive beating, kicking or other physical abuse; failure to provide food, water or veterinary care; failure to provide clean shelter or other areas of confinement of adequate size; or other acts of cruel and inhumane treatment.
(b) It is unlawful for any person to kill or injure any dog, cat or other pet or animal, by shooting, striking, kicking, poisoning or by any other means, except in defense of person or property, or as provided in sections 6-11 and 6-12. No person shall harass or taunt any dog, cat, pet or other animal which is on the premises of its keeper. Nothing in this subsection shall apply to a licensed veterinarian in the use of euthanasia when authorized by the pet's keeper or police officers in the performance of their duty.
(c) It is unlawful for any person to cause, instigate or promote any fight in which two or more animals are engaged for the purpose of injuring, maiming or destroying themselves or another animal.
(d) It is unlawful for any person to sell, offer for sale, barter or give away any live animal as a premium, prize, award, novelty or incentive to purchase merchandise. It is unlawful to color, stain or dye any chicken, duckling or fowl.
(Code 1985, § 7.08.120)
Sec. 6-15. Vicious animal.
(a) No person shall own, house, keep or be in charge of any vicious animal.
(b) Upon a judicial determination that an animal is vicious, the penalty imposed for violation of this section shall include a fine not to exceed $500.00 or imprisonment not to exceed 90 days. Every day of any violation of this section constitutes a separate offense. The municipal judge may suspend, in whole or in part, the execution of sentence or may place the defendant on probation for a period not to exceed one year on terms and conditions the municipal judge deems best to ensure the safety of the public concerning the disposition of an animal judicially determined to be vicious, up to and including the animal's removal and banishment from the boundaries of the county or its humane destruction. In no case where an animal has bitten a person shall the animal be destroyed or removed from the jurisdiction of the municipal judge or the animal control officer for a period of at least ten days or until a rabies determination has been made. Section 6-6 shall be strictly complied with.
(Ord. No. 85-13, 1985; Ord. No. 85-99, § 2, 6-19-1989; Code 1985, § 7.08.130)
Cross references: Environment, ch. 18.
Sec. 6-16. Wild and exotic animals.
(a) No person shall keep or harbor the following animals:
(1) Wild animals kept in such numbers or in such manner as to constitute a likelihood of harm to the animals themselves or to other animals, or to human beings, or to the property of human beings, or which constitute a public or private nuisance;
(2) Exotic or wild animals prohibited by federal or state law;
(3) Bats; or
(4) Skunks.
(b) No person shall receive, purchase, own or keep wild or exotic animals without first applying for and receiving from the administrator and from the state department of game and fish a permit to do so. The applicant must provide evidence of knowledge and facilities for the care and feeding of the animals involved. The administrator is permitted to enter the premises of any permittee under this chapter at any reasonable time for the purpose of inspection or reinspection to determine compliance with this chapter. The fee for such a permit is prescribed in article III of this chapter. Each such permit shall be renewed annually. A separate permit shall be required for each species of wild or exotic animal. This section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses.
(Code 1985, § 7.08.140)
Secs. 6-17--6-50. Reserved.
ARTICLE II. DOGS AND CATS
DIVISION 1. GENERALLY
Sec. 6-51. Vaccination of dogs and cats required.
Any owner or keeper of a dog or cat three months of age or older shall have the dog or cat vaccinated against rabies in accordance with applicable New Mexico Department of Health Regulations.
(Code 1985, § 7.12.050; Ord. No. 02-032, § 2, 6-24-2003)
State law references: Similar provisions, NMSA 1978, § 77-1-3.
Sec. 6-52. License procedure; certificate.
No license shall be issued for any dog unless a certificate from a licensed veterinarian is presented to the county by the keeper showing that such animal has been vaccinated for rabies.
(Code 1985, § 7.12.060)
Sec. 6-53. Dogs and cats brought to the county.
Any dog or cat three months of age or older brought into the county shall be securely confined by its keeper until vaccinated against rabies, which vaccination shall be administered within one week after entry into the county unless the keeper has a certificate of vaccination issued by a veterinarian outside of the county, and such vaccination conforms to the requirements of this state.
(Code 1985, § 7.12.100)
Sec. 6-54. False and stolen documents.
It is unlawful for any person to transfer any license or rabies tag from one animal to another or to make use of a stolen, counterfeit or forged license, certificate or tag.
(Code 1985, § 7.12.110)
Secs. 6-55--6-80. Reserved.
DIVISION 2. LICENSE
Sec. 6-81. Required.
No person shall own, keep or harbor a dog three months of age or older unless such a dog is licensed. Such license shall be obtained from the county within one month following the date the dog becomes three months of age or is brought into the county.
(Code 1985, § 7.12.010)
Sec. 6-82. Duplicate copy of application constitutes; tags; issuance.
When a duplicate copy of each application is issued, it shall constitute the required license and shall be retained by the applicant until the expiration date set forth therein. The license and the rabies certificate shall be made available for inspection by any person charged with the enforcement of this chapter. The county shall issue a serially numbered metal license tag with each license. Information regarding the ownership of the dog shall be provided by the county to any citizen on request.
(Code 1985, § 7.12.020)
Sec. 6-83. Information.
Any person applying for a dog license shall furnish the following information on an application form provided by the county: name and address of keeper; and description of dog: breed, name, sex, date of birth, markings, estimated weight, certification, date of last rabies vaccination.
(Code 1985, § 7.12.030; Ord. No. 02-032, § 3, 6-24-2003)
Sec. 6-84. Procedure; affixing tags.
The keeper shall cause the valid metal license tag to be affixed to the collar or harness of the dog for which it was issued and to be worn there at all times when the dog is off the keeper's premises unless such dog is securely confined in a motor vehicle, or being kept at a kennel, veterinary hospital or training class.
(Code 1985, § 7.12.040)
Sec. 6-85. Duplicate issued.
If a license or tag is lost, a duplicate may be obtained from the county upon paying a fee as prescribed in article III of this chapter.
(Code 1985, § 7.12.070)
Sec. 6-86. Duration.
A dog license may be issued for a period from the date of issuance until the rabies vaccination for which a certificate is provided is no longer valid.
(Code 1985, § 7.12.080; Ord. No. 02-032, § 4, 6-24-2003)
Sec. 6-87. Fees.
Fees prescribed in article III of this chapter shall be paid to the county upon application for a dog license.
(Code 1985, § 7.12.090)
Secs. 6-88--6-120. Reserved.
ARTICLE III. LICENSE AND PERMIT FEES
Sec. 6-121. License fee.
A license fee shall be paid to the county upon application for a dog license, except that no license fee shall be charged for qualified service animals per NMSA 1978, § 28-11-4. The fee shall be established by administrative policy adopted by the administrator and shall not exceed $25.00. The fee may be adjusted no more often than once in any 12-month period. There shall be no proration of the dog license fee.
(Code 1985, § 7.16.010; Ord. No. 02-032, § 5, 6-24-2003)
Sec. 6-122. Duplicate license fee.
The fee for providing a duplicate copy of a lost license or tag shall be $1.00.
(Code 1985, § 7.16.020)
Sec. 6-123. Redemption of impounded animals.
Redemption by the keeper of an impounded animal in accordance with section 6-9 shall be subject to the following fees: pickup fee, $8.00; boarding fee, $4.00 for each calendar day, in whole or in part, of confinement.
(Ord. No. 74-64, § 1, 1982; Code 1985, § 7.16.030)
Sec. 6-124. Redemption of impounded exotic animals.
Redemption by the keeper of an impounded exotic animal shall be subject to reimbursement by the keeper for actual costs incurred by the county for pickup and boarding.
(Code 1985, § 7.16.040)
Sec. 6-125. Adoption of impounded animals.
Animals may be adopted from the animal shelter as prescribed in this chapter upon payment of a $5.00 adoption fee.
(Code 1985, § 7.16.050)
Sec. 6-126. Permit fee for wild and exotic animals.
A person presenting evidence of compliance with subsection 6-16(b) will be charged a permit fee of $5.00 annually for each species of wild or exotic animal.
(Code 1985, § 7.16.060)
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